[HISTORY: Adopted by the Town Meeting of the Town of Madison as indicated in article histories. Amendments noted where applicable.]
The purpose of this article is to protect the health and safety of the citizens of Madison, and to present in a unified format those state statutes effecting building safety that the citizens are responsible for complying with. By combining varied state laws under one local ordinance, the citizens will have a single document rather than many separate and unconnected statutes.
This article is authorized in accordance with 30-A M.R.S.A. § 3001. Further authority is derived from 25 M.R.S.A. § 2351.
Editor's Note: 25 M.R.S.A. § 2351 was repealed by Laws 2009, c. 261, § B-1, effective 12-1-2010.
This article is applicable to all new structures, both principal and accessory, that are intended for human habitation or occupancy, including manufactured and prefabricated structures, and to the renovation and repair of existing structures.
This article is effective when approved by the voters of the Town of Madison.
Copies of this article are available free of charge at the municipal building.
Copies of this article are available free of charge at the municipal building.
Whenever a provision of this article conflicts with, or is inconsistent with, the provisions of this or any other ordinance, the more restrictive provision shall control.
This article may be amended by vote of the legislative body. Amendments may be proposed by the Code Enforcement Officer (CEO), the Fire Chief, the Selectmen, or by citizen petition.
Purpose: This section allows the continued use of legal nonconforming structures that existed prior to the enactment of this article and that are determined not to be a hazard.
General: A structure is considered nonconforming if it was erected or placed prior to the effective date of this article, without an inspection by the Code Enforcement Officer or the Fire Chief and for which a certificate of occupancy has not been issued.
Nonconforming structures: Any nonconforming structure can be used, and occupied, providing it meets, to the greatest extent possible, the standards of this article. Nonconforming structures may be expanded, and a certificate of occupancy may be issued, provided that the expansion does not further increase the nonconformity of the structure. If a nonconforming structure is destroyed by fire, flood, or other cause, it may be rebuilt, and a certificate of occupancy may be issued, provided that the new structure meets the provision of this article to the greatest extent possible; and provided that any structure in the special flood hazard area that is destroyed by 50% or greater is elevated at least one foot above the base flood elevation as is required by the Floodplain Management Ordinance.
Nonconforming lots: Any nonconforming lot of record in existence prior to the effective date of this article may be used and built upon, provided that all provisions of this article except setback can be met.
All structures constructed, placed, expanded, reconstructed or repaired, after the effective date of this article and any amendments thereto, shall meet those chapters of the National Fire Protection Association adopted by the Department of Public Safety, State Fire Marshal's office; the Maine State Plumbing Code; National Electrical Code; and the Madison Floodplain Management Ordinance.
All new principal and accessory structures, and expansions of existing structures that do not have common walls, or firewalls and sprinklers, must be set back a minimum of 15 feet from side and rear property lines and from the front line a distance to be determined by the Road Commissioner, but not less than 10 feet.
The physical location of the property lines is the responsibility of the property owner or his or her agent.
Buildings with common walls: Any new principal or accessory structure that has a common wall with a structure on an adjacent lot may be constructed without a setback from the property line, provided that the building is a sprinkled structure and/or is fire-resistant construction as determined by the Code Enforcement Officer, Fire Chief, or their designee. All other setbacks must be maintained except for the common wall(s).
Buildings with fire walls: Any new principal or accessory structure, or expansion of an existing structure, that has a fire wall as defined in the most recent edition of the National Fire Protection Association Section 5000 (NFPA 5000) and is a sprinkled structure may be constructed without a setback from the rear or side property lines, provided that the construction and the building plans are approved, in writing, by the Code Enforcement Officer and Fire Chief prior to the start of construction.
Any building, except a single-family residential structure, that has early detection devices (fire alarms and/or sprinklers) shall have an emergency access box, approved by the Fire Chief and installed per manufacturer's instructions.
Notification required: Anyone constructing, or placing, a new principal or accessory structure and anyone repairing, renovating or reconstructing an existing structure must notify the administering agents on forms provided by the Town, prior to starting work.
Procedure for conducting inspections: Within 48 hours of receiving notice that a building is ready for inspection, the administering agents shall conduct an inspection in accordance with the specifications of the ordinances identified in § 165-10.
Issuance of certificate of occupancy.
Upon successful completion of the inspection and upon payment of an inspection fee as determined by the administering agents(s), the administering agents shall issue a certificate of occupancy for the structure inspected.
If an inspection identifies defects or problems, a certificate of occupancy shall not be issued until the problems or deficiencies are corrected. In addition, for those ordinances that require legal action to be taken, such action will commence if the problems or deficiencies are not corrected within the time frame established by this article or the ordinance being enforced, whichever is shorter.
Appeals: The Board of Appeals shall have the following powers:
Administrative appeals: to hear and decide appeals where it is alleged that there is an error in any order, requirements, decision, or determination made by, or failure to act by, the Code Enforcement Officer or Fire Chief on the enforcement or administration of this article. No administrative appeal shall be considered a "de novo" action.
Variance appeals: to authorize variances upon appeal, provided that said variances will protect to the greatest extent possible the health and safety of the citizens of Madison.
Enforcement: The administering agents will enforce the provisions of this article. When the CEO or Fire Chief finds that this article is being violated, the following procedure will be used:
A written notification will be given to the violator, with the action necessary to correct the problem. The violator will be given a maximum of 30 days to complete the correction.
If the violation is not corrected after the second notification, the administering agent shall inform the Selectmen. The Selectmen are directed to institute any and all actions and proceedings, either legal or equitable, including seeking injunctions of violators and the imposition of fines that may be appropriate or necessary to enforce the provisions of this article in the name of the municipality. The Selectmen can authorize the CEO to prepare an administrative consent agreement for the Town to enter into, with the violator, for the purpose of eliminating violations of this article, and recovering fines without court action. Such agreements shall not allow an illegal structure to continue unless there is clear and convincing evidence that the illegal structure was constructed as a direct result of erroneous advice given by an authorized municipal official and there is no evidence that the violator acted in bad faith, or unless the removal of the structure will result in a threat or hazard to public health and safety.
Words and terms used in this article shall have their customary dictionary meanings unless specifically defined in the individual standards identified in § 165-10.
This article shall be known and may be cited as the "Maine Uniform Building and Energy Code Administrative Ordinance" of the Town of Madison, Maine.
The purpose of this article is to establish administrative and enforcement provisions in relation to the Maine Uniform Building and Energy Code (MUBEC). The Town has authority to enact building code provisions relating to local enforcement, per 10 M.R.S.A. § 9724(5).
In accordance with 25 M.R.S.A. § 2373, the MUBEC must be enforced in the Town of Madison beginning July 1, 2012. The Town is required to enforce the MUBEC through inspections that comply with the code. In accordance with 25 M.R.S.A. § 2373(4), the Town has chosen the Building Official option. The MUBEC shall be administered within the Town of Madison by the Town's duly appointed Building Official.
The Building Official's duties shall be as outlined in the MUBEC, and shall include but are not limited to:
Receive permit applications, examine construction documents and issue permits for the erection and alterations of buildings and structures.
Inspect premises for which permits are issued. Make all required inspections, or accept reports of inspection by approved agencies.
Enforce compliance with the provisions of the code and issue notices or orders to ensure compliance, including suspending or revoking permits.
Render interpretations of the MUBEC and adopt policies and procedures to clarify the application of its provisions.
Keep official records or applications received, permits and certificates issued, fees collected, reports of inspections and notices and orders issued.
Collect any fees due.
Refer permits requiring subdivision, site plan review and shoreland zoning review to the Planning Board as required.
Investigate complaints and act on violations as outlined herein.
Issue certificates of occupancy as per 25 M.R.S.A. § 2357-A and the MUBEC.
Building permits are required as per the MUBEC and shall expire as specified therein. No building permit shall be issued by the Building Inspector until such time that the applicant submits a completed building permit application. Such application shall:
Identify and describe the work to be covered by the permit for which application is made.
Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.
Indicate the use and occupancy for which the proposed work is intended.
Be accompanied by construction documents and other information as required by MUBEC.
State the valuation of the proposed work.
Be signed by the applicant or the applicant's authorized agent.
Give such other data and information as required by the Building Official.
The Building Official shall examine applications and shall either issue the requested permit or transmit notice of refusal to the applicant, in writing, stating the reasons therefor. All other permits required for the proposal shall be obtained prior to issuance of the building permit.
In accordance with the MUBEC, upon notification, the Building Official shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or shall notify the permit holder wherein the same fails to comply. Any portions that do not comply shall be corrected, and such portion shall not be covered or concealed until authorized by the Building Official. Work shall not be done beyond the point indicated in each inspection without first obtaining the approval of the Building Official.
Prior to issuance of a permit, the applicant shall be required to pay a nonrefundable application fee. No building permit shall be issued until all fees due have been paid.
All fees required by this article shall be established by the Board of Selectmen and published within a schedule of fees, which the Selectmen may amend from time to time according to the procedures required for taking actions at meetings of the Board.
After issuance, any modifications to a permit application shall require a revised permit application and a revised permit prior to beginning work.
The Building Official shall issue a certificate of occupancy per 25 M.R.S.A. § 2357-A and in accordance with the MUBEC prior to a building or structure being used or occupied and prior to a change in the existing occupancy classification.
Enforcement and penalties shall be consistent with 30-A M.R.S.A. § 4452. It shall be unlawful to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by the MUBEC, or cause the same to be done, in conflict with or in violation of any of the provisions of the MUBEC. If the Building Official finds that any of the provisions of this article are being violated, he shall serve a notice of violation on the person responsible for the violation. Such notice shall direct the discontinuance of the illegal action or condition and the abatement of the violation. The Building Official shall be responsible for initial efforts to enforce the provisions of this article, but enforcement cases shall be turned over to the Board of Selectmen if the matter requires prosecution in court.
Any person, firm or corporation owning or having control of any building or premises or part thereof who violates any of the provisions of this article commits a civil violation and is subject to civil penalties under 30-A M.R.S.A. § 4452. Each day such violation or failure to comply is permitted to exist, after notification of the Building Official, shall constitute a separate violation. All fines shall be paid to the Town of Madison.
In accordance with 25 M.R.S.A. § 2356 and 30-A M.R.S.A. § 4103(5), an appeal may be taken, in writing, from any order or direction of the Building Official to the municipal officers. Fees for appeals shall be established as outlined above.
[Amended 6-12-2017; 6-10-2019]
In the event that any person is found to have begun work prior to obtaining a permit as required, the permit fees otherwise set forth in the schedule of fees shall be doubled.
If any provision of this article is found by a court of competent jurisdiction to be invalid, this finding shall not affect the remainder of this article.
The effective date of this article shall be July 1, 2012.